👩🏾⚖️Supreme Court Unit 6 – Separation of Powers: Checks & Balances
The separation of powers and checks and balances form the backbone of the U.S. government. These principles divide federal power among three branches—legislative, executive, and judicial—each with distinct roles and ways to limit the others' authority.
This system, influenced by Enlightenment thinkers and colonial experiences, aims to prevent any branch from becoming too powerful. Key elements include Congress's lawmaking power, the President's veto, and the Supreme Court's ability to declare laws unconstitutional through judicial review.
Separation of powers divides the federal government into three distinct branches: legislative, executive, and judicial
Each branch has its own specific powers and responsibilities outlined in the Constitution
The system of checks and balances gives each branch ways to limit the power of the other branches
Prevents any single branch from becoming too powerful and dominating the others
Federalism divides power between the federal government and state governments
States retain powers not specifically granted to the federal government in the Constitution
Rule of law means that everyone, including government officials, must follow the law
Prevents abuse of power and arbitrary rule
Judicial review allows the Supreme Court to declare laws and executive actions unconstitutional
Established in the landmark case Marbury v. Madison (1803)
Historical Context
The Founders were influenced by Enlightenment thinkers like Montesquieu who advocated for separation of powers
Experience with British rule and colonial governments shaped the Founders' views on limited government
The British monarchy was seen as having too much unchecked power
The Articles of Confederation, the first U.S. constitution, created a weak central government
Its failures led to calls for a stronger federal government with checks and balances
Debates at the Constitutional Convention focused on how to divide power between branches
The Connecticut Compromise created a bicameral legislature with representation based on population (House) and equal representation for states (Senate)
Ratification debates centered on concerns about a strong federal government and the need for a Bill of Rights
Federalist Papers, written by Hamilton, Madison, and Jay, defended the Constitution's checks and balances
Constitutional Framework
Article I establishes the legislative branch (Congress) and outlines its powers
Includes power to make laws, declare war, levy taxes, and regulate commerce
Article II establishes the executive branch (President) and outlines its powers
Includes power to enforce laws, command the military, make treaties, and appoint officials
Article III establishes the judicial branch (Supreme Court and lower courts) and outlines its powers
Includes power to interpret laws and hear cases involving federal law and the Constitution
Amendments have modified the balance of power between branches over time
12th Amendment changed the process for electing the President and Vice President
22nd Amendment limited Presidents to two terms in office
The Necessary and Proper Clause (Article I, Section 8) gives Congress implied powers to fulfill its duties
The Supremacy Clause (Article VI) establishes that the Constitution and federal laws are the supreme law of the land
Three Branches of Government
Legislative Branch (Congress) consists of the Senate and the House of Representatives
Makes federal laws, declares war, regulates the armed forces, controls taxing and spending
Executive Branch is headed by the President and includes the Vice President and Cabinet
Enforces federal laws, commands the military, conducts foreign policy, nominates federal judges
Judicial Branch consists of the Supreme Court and lower federal courts
Interprets the meaning of laws, applies laws to individual cases, determines if laws violate the Constitution
Independent agencies (e.g. Federal Reserve) have regulatory power and exist outside the three main branches
Each branch has ways to check and balance the power of the other branches
Congress can override a presidential veto, impeach officials, and reject appointments
The President can veto legislation and nominate judges
The Supreme Court can declare laws and executive actions unconstitutional
Checks and Balances in Action
Legislative checks on the executive include the power to override vetoes, impeach officials, and reject appointments
Congress has impeached and removed federal judges, but no sitting President
Legislative checks on the judiciary include the power to confirm judicial nominees and amend the Constitution
Controversial nominees like Robert Bork have been rejected by the Senate
Executive checks on the legislature include the veto power and the ability to call special sessions of Congress
Nearly all Presidents have used the veto power at some point
Executive checks on the judiciary include nominating judges and granting pardons
Some pardons, like Ford's pardon of Nixon, have been controversial
Judicial checks on the legislature include the power to declare laws unconstitutional (judicial review)
Supreme Court has struck down many laws, like those in Marbury v. Madison (1803) and Brown v. Board of Education (1954)
Judicial checks on the executive include the power to declare executive actions unconstitutional
Supreme Court limited executive power in cases like Youngstown Sheet & Tube Co. v. Sawyer (1952)
Landmark Supreme Court Cases
Marbury v. Madison (1803) established the principle of judicial review
Allowed the Supreme Court to declare laws unconstitutional
McCulloch v. Maryland (1819) affirmed the supremacy of the federal government over states
Upheld the power of Congress to create a national bank under the Necessary and Proper Clause
Youngstown Sheet & Tube Co. v. Sawyer (1952) limited presidential power during wartime
Ruled that President Truman exceeded his authority by seizing steel mills during the Korean War
United States v. Nixon (1974) led to the release of the Watergate tapes and Nixon's resignation
Established that the President is not above the law and can be compelled by subpoena
Morrison v. Olson (1988) upheld the constitutionality of independent counsels
Allowed investigations of high-level executive officials, like the Iran-Contra affair
Bush v. Gore (2000) decided a disputed presidential election in favor of George W. Bush
Demonstrated the Supreme Court's role in resolving constitutional crises
Modern Challenges and Debates
The growth of the administrative state has blurred the lines between branches
Executive agencies like the EPA have quasi-legislative and quasi-judicial powers
The rise of party polarization has led to gridlock and power struggles between branches
Divided government often leads to standoffs over budgets, appointments, and oversight
The power of the President has expanded over time, especially in foreign policy and national security
"Imperial Presidency" thesis argues that Presidents have too much unchecked power
The role of money in politics, especially after Citizens United v. FEC (2010), raises concerns about corruption
Super PACs and dark money groups can spend unlimited funds to influence elections
The confirmation process for federal judges has become increasingly partisan and contentious
Nominees are often selected based on ideological litmus tests rather than qualifications
Some argue that the Supreme Court has become too politicized and has exceeded its constitutional role
Calls for judicial restraint, term limits, or changes to the nomination process
Impact on Governance
Separation of powers and checks and balances can lead to gridlock and slow the policymaking process
Major legislation often requires bipartisan compromise and can take years to pass
However, the system also prevents hasty or ill-considered laws and protects individual rights
Slows down the "tyranny of the majority" and gives minority views a voice
The veto power allows the President to block laws and shape the legislative agenda
Pocket vetoes can kill legislation without the possibility of an override
Judicial review allows the courts to serve as a check on unconstitutional laws and executive actions
But can also lead to charges of "judicial activism" if courts are seen as making policy
Impeachment is the ultimate check on abuse of power, but has been used sparingly
Only two Presidents (Andrew Johnson and Bill Clinton) have been impeached by the House, but neither was removed by the Senate
The system of separated powers has proven resilient over time, surviving many challenges and crises
Has prevented the concentration of power in any one branch or individual